Nine years later, minor accused in Noida gangrape convicted
GARHI CHAUKHANDI CASE The minor, now 26, and 10 others allegedly raped an MBA student; nine adult accused were acquitted in 2017 due to lack of evidence
NEW DELHI: The Juvenile Justice Board (JJB) on Monday convicted a 26-year-old man, who was 17 when he and his friends allegedly gang-raped a 24-yearold MBA student in 2009 in Noida, and sent him to a reformation home for three years for rehabilitation.
This is the first conviction in the case involving 10 men and the juvenile as accused. After a trial of almost eight years, a trial court had acquitted nine adult accused in the case in February last year because of lack of evidence . The 10th accused died during trial. The 11th accused was 17 years at the time of the crime and his case went to the Juvenile Justice Board.
The crime took place on January 5, 2009, in Noida when the 24-year-old woman and her male friend were returning from the Great India Place Mall in their car. They were forcibly stopped by several young men who were returning on their motorcycles after a cricket match.
Brandishing cricket bats, the accused forcibly entered the car, beat up the girl and her friend, pushed them to the back seat and drove the vehicle to a secluded place near Garhi Chaukhandi, a village in Noida, police said.
At the isolated place, 11 persons allegedly gang-raped the girl and took away their valuables such as mobile phones, wrist watch and other items, the police said in its chargesheet, The complaint was lodged with Noida Police by the woman’s male friend.
Convicting the juvenile, now 26, on Monday, the board said there was “unquestionably a ring of truth” in the prosecution’s version. It noted that the presence of the man, who was over 17 years at the time of the offence, at the scene of the crime had been established by evidence and the witnesses correctly identified him before the court.
The board said he was guilty in wrongful confinement, abduction, gang-rape, dacoity with an attempt to cause death or grievous hurt, dishonestly receiving stolen property and common intention.
The board, which sent him to protective custody at a reform home in Majnu Ka Tilla, allowed his plea to suspend the sentence for a month to enable him to file an appeal against the judgment. It ordered perjury proceedings against two defence witnesses for false testimony.
The JJB noted that the mobile phone of the male friend was found in possession of the juvenile. It said the witnesses had consistently deposed before it regarding the commission of the offence by the juvenile, and their evidence remains “unshaken” and “uncontroverted” during their cross-examination.
“...The evidence of prosecution witnesses have been amply strengthened by medical and scientific evidence, and by recovery of incriminating articles from the juvenile.....the presence of the juvenile at the scene of the occurrence has been established by overwhelming evidence — both ocular and scientific, and witnesses have correctly identified him before Board,” said the JJB.
24-year-old girl and her friend were returning from Great India Place mall in Noida in their car which was allegedly forcefully stopped by 11 men who were returning after a cricket match. They got in and drove the car around village Garhi Chaukhandi and took turns to rape the girl
The accused in the case were identified as Pushpender alias Tuiyan, Srikant, Sanjay, Gautam, Sudhir, Little, Omkar and Pushpender, Sashikant, Golu and a juvenile, all residents of Garhi Chaukhandi village Accused Pushpender alias Tuiyan died during the trial.
The victim shifted to London after the incident following threats from the accused
Proceedings of the case began at a Delhi court after it was transferred from a Noida court on the Supreme Court's order after one of the victim's friends approached it, allegedly fearing threat to his life and facing pressure to withdraw the case.
The victim told the court that she recognised all the 10 accused who were present in the court as those who had raped her and could identify the 11th one as well, if shown to her. The 11th accused, being a juvenile, was not produced in the court earlier.
The Delhi High Court acquitted two accused in the case for lack of evidence.
A Delhi court acquitted nine accused men for lack of evidence. The verdict was announced in the court of special magistrate Shail Jain.
A Juvenile Justice Board (JJB) convicted one accused, who was minor when he had gang-raped the student, and sent him to a reformation home